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(영문) 전주지방법원 2013.08.23 2013나3159
대여금
Text

1. Of the judgment of the court of first instance, the Defendants amounting to KRW 102,137,366, jointly and severally against the Plaintiff and the aforementioned amount on September 27, 2010.

Reasons

1. Determination on the cause of the claim

(a) The following facts of recognition are not disputed between the parties, or may be recognized by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence 1 to 4:

1) A mutual savings bank (hereinafter referred to as “Seoul Mutual Savings bank”) shall be deemed to be the first mutual savings bank.

Defendant A Co., Ltd. (hereinafter “Defendant A”) on November 5, 2009

(3) The loan (hereinafter “instant loan”) shall be extended to the 300 million won due on May 5, 2010, with the agreed rate of 9% per annum, 19% per annum, and 19% per annum.

(B) The interest and damages for delay with Defendant A agreed to be added to the principal of the loan, and Defendant B Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Defendant B”).

(2) The loan contract of this case was extended on September 5, 2010 upon Defendant A’s request for extension of the due date. (2) The loan of this case is KRW 302,137,366, including principal and interest and damages for delay, as of September 26, 2010, KRW 302,137,366.

3. On the preceding day of August 17, 2010, a mutual savings bank was declared bankrupt by the Jeonju District Court, and the plaintiff was appointed as a trustee in bankruptcy of a mutual savings bank on the preceding day.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 302,137,366 of the instant loan and the amount at the rate of 19% per annum, which is the rate of delay damages from September 27, 2010 to the date of full payment, from September 27, 2010 to the date of full payment.

2. Judgment on the defense

A. The summary of the defense is that, at the time prior to the conclusion of the loan contract of this case with Defendant A, the said mutual savings bank "the promotion of movable property (main owner)" is "the promotion of movable property (main owner)" below.

In the event that the loan claims against Defendant A are not satisfied, 200 million won of the loan obligations against Defendant A Mutual Savings Bank shall be fully exempted.

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